BUILDING ACT 2004 - SECT 26 Building approval applications

BUILDING ACT 2004 - SECT 26

    (1)     The owner of a parcel of land may, in writing, apply to the certifier for a building approval for building work to be carried out on the land.

Note     At common law, an agent may make an application on the owner's behalf.

    (2)     The application must—

        (a)     be accompanied by the number of copies of the plans relating to the proposed work prescribed under the regulations; and

        (b)     nominate the kind of certificate of occupancy for which the applicant proposes to apply; and

        (c)     be accompanied by a waste management plan if the building work involves—

              (i)     the demolition of a building; or

              (ii)     the alteration of a building other than a class 1, class 2 or class 10a building; and

        (d)     be accompanied by an asbestos removal control plan if a building to which the building work relates—

              (i)     is a class 1, class 2, class 3 or class 4 building, or a class 10 building associated with a class 1, class 2, class 3 or class 4 building; and

              (ii)     was erected before, or the erection of which started before, 1985; and

        (e)     if there is an asbestos assessment report for premises to which the building work relates—be accompanied by a copy of the asbestos assessment report unless the applicant cannot obtain the report after taking reasonable steps; and

        (f)     if there is development approval for development to which the building work relates—be accompanied by a copy of the development approval, unless the applicant cannot obtain a copy of the approval after taking reasonable steps; and

        (g)     if there is an exemption assessment D notice for development to which the building work relates—be accompanied by a copy of the exemption assessment D notice; and

        (h)     if required under an energy efficiency provision—be accompanied by an energy efficiency certificate; and

              (i)     if the development to which the building work relates is a development proposal to which the Planning (Exempt Development) Regulation 2023

, schedule 1, section 1.18 applies—be accompanied by a written notice that the section has been complied with within 2 years before the day the application is made.

Example—written notice

a copy of any form prepared for the Planning (Exempt Development) Regulation 2023

, sch 1, s 1.18 and a statement about how and when it was given

Note     If a form is approved under s 151 for this provision, the form must be used.

    (3)     The regulations may require the application to contain other details or be accompanied by other material.

    (4)     In this section:

"energy efficiency provision"—see section 139C (4).